What you need to know—and how to comply with this new requirement
Did you know that starting this year, all companies in Colombia, regardless of their size, must submit a biannual report outlining the actions they are taking to address sexual harassment in the workplace?
Law 2365 of 2024 marks a major shift in how Colombia addresses sexual harassment in both work and educational settings.
This law not only recognizes workplace sexual harassment as a very serious offense, but also establishes clear measures for prevention, response, and victim protection—while also ensuring due process and safeguards for those under investigation, with a focus on equality, non-discrimination, and justice.
Below, we explain the key points and what you must do before June 30, 2024, to avoid penalties.
What is sexual harassment under this law?
According to Colombian law, sexual harassment includes any act of harassment, intimidation, or pursuit with a sexual connotation that occurs one or more times in the workplace or academic setting, and is influenced by power dynamics—whether vertical (e.g., boss-subordinate) or horizontal (between colleagues).
It’s not limited to what happens in the office. It can occur at:
- Company events
- Over messaging apps like WhatsApp
- During work-related travel
- Or any situation involving members of the work environment
Who can file a complaint?
Anyone who becomes aware of a sexual harassment case can report it—not just the direct victim.
The complaint can be submitted orally, in writing, or electronically, and it does not require going through internal company channels first.
What does Law 2365 require from employers?
The law imposes the following obligations on all employers and contractors, without exception:
1. Prevention
Implement collective action campaigns to promote a workplace free from violence. It’s not enough to have a policy on paper—there must be real cultural change.
2. Protection
Guarantee a safe space for the person filing the complaint, free from retaliation or forced interaction with the accused.
3. Response
Provide clear protocols, legal and psychological support, and access to formal complaint mechanisms without delays or barriers.
What if no complaints have been filed in my company?
Even if there are no active complaints, you are still required to file a biannual report.
In that case, you must file a zero report, stating that no incidents have occurred.
The first report is due by June 30, 2024, with subsequent reports every six months thereafter.
⚠️ Failure to submit the report can lead to penalties, which vary depending on the size of your company.
Who is protected by this law?
The law protects everyone involved in the work environment: employees, contractors, interns, trainees, suppliers, etc.
It also applies to any location related to work, such as:
- Offices
- Restrooms
- Break rooms
- Work-related travel
- Work chats or messaging apps
- Shared accommodations during business trips
What rights does the law guarantee?
In addition to outlining employer obligations, Law 2365 of 2024 guarantees rights for both victims and those under investigation, ensuring a fair and balanced process.
Victims have the right to:
- Access to justice
- Protection from retaliation
- Truth, reparation, and non-repetition
- No forced interaction with the accused
- Comprehensive health support
- A life free from violence
Persons under investigation have the right to:
- Presumption of innocence
- Due process
- Access to the facts of the case
- Legal defense and confidentiality
What if an employee is fired after filing a harassment complaint?
Law 2365 of 2024 clearly states that no person can be dismissed, transferred, or punished as a result of filing a sexual harassment complaint.
Doing so not only re-victimizes the person but can also result in serious disciplinary consequences for those responsible and hefty financial penalties for the company.
Penalties for non-compliance
Companies that retaliate against employees or fail to meet the law’s obligations may face the following fines, depending on their size:
- Microenterprises: 1 to 1,250 daily legal minimum wages
- Small businesses: 1,251 to 2,500 daily legal minimum wages
- Medium businesses: 2,501 to 3,750 daily legal minimum wages
- Large companies: up to 5,000 daily legal minimum wages
This law aims to make the workplace a safe, respectful, and fair environment for everyone.
If you don’t know how to file the report, how to start adjusting your internal policies, or simply want to avoid future risks, Nexo Legal can help.
👉 Have questions about how to comply with the law? Send us a message and schedule a consultation.
At Nexo Legal, we’re here to guide you.
Get started with a free case assessment
What will happen after you fill out this form?
After submitting the form, your case undergoes a comprehensive review by our team of specialist to assess its viability. Providing clear and concise information about your objectives accelerates this process.
Subsequently, a specialist will be assigned to your case, reaching out to you within a day to clear up details about your case and outline the next steps to help you achieve your goals.
Get started with a free case assessment
What will happen after you fill out this form?
After submitting the form, your case undergoes a comprehensive review by our team of specialist to assess its viability. Providing clear and concise information about your objectives accelerates this process.
Subsequently, a specialist will be assigned to your case, reaching out to you within a day to clear up details about your case and outline the next steps to help you achieve your goals.
